Renu Kumari @ Renu Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31437 of 2017 Arising Out of PS.Case No. -972 Year- 2016 Thana -BANKA District- BANKA ====================================================== Renu Kumari @ Renu Devi Daughter of Ram Lakhan Rai @ Ram Lakhan Das Resident of Village- Gonudham, P.S. Jagdishpur, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jai Shankar Prasad, Advocate For the Opposite Party/s : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 10.12.2016 in connection with Banka P.S. Case No. 972 of 2016 registered for the offence punishable under Section 302 and other allied sections of the Indian Penal Code, Section 27 of the Arms Act and Sections 3/ 4 of the Explosive Substances Act. The prosecution case, as lodge by the informant, is that the grand father of the informant purchased 9 katha land in the name of his eldest son, Siru Yadav. His grand father portioned the land in 3 parts among three brothers of Siru Yadav, but Siru Yadav did not want to give the share to other brothers and for that Renu Devi came and threatened the informant. The informant
Patna High Court Cr.Misc. No.31437 of 2017 (2) dt.12-07-2017 2/3 further alleged that accused persons after forming unlawful assembly came to his house and Marhar Raut threw bomb on his father Bishu Yadav and his father died instantly, Ganesh Yadav also threw bomb aiming at the informant but the informant saved himself.
It has been submitted by the learned counsel for the petitioner that she is innocent, no specific allegation has been made against her, although she has been named in the First Information Report. He submits that the matter relates to land dispute between the family members and petitioner and other side are own agnates and that petitioner was merely a member of unlawful assembly. He submits that similarly situated co-accused have since been granted the privilege of bail by coordinate Benches of this Court in Cr. Misc. 14876 of 2017 on 19.04.2017 and Cr. Misc. No. 20186 of 2017 on 25.05.2017. However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction
Patna High Court Cr.Misc. No.31437 of 2017 (2) dt.12-07-2017 3/3 of the learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 972 of 2016, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable properties within the jurisdiction of the concerned P.S./ Court, who would file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned Court below on each and every date and failure to appear before the learned Court below on three consecutive dates without assigning any reason will entail cancellation of her bail bonds.
(Nilu Agrawal, J.) Arjun/- U T